Code of Alabama - Title 11: Counties and Municipal Corporations - Section 11-40-64 - Nature of rights and remedies

Section 11-40-64 - Nature of rights and remedies.

(a) Any Class 2 municipality to which this article applies may proceed with judicial in rem foreclosures of municipal code liens in accordance with the provisions of this article by enactment of an ordinance or resolution of the governing authority of the Class 2 municipality in which the real property is located which ordinance or resolution shall be sufficient authority for use of this article by the Class 2 municipality to enforce its municipal code liens.

(b) The ordinance of a Class 2 municipality authorizing and approving the use of this article shall include all the following matters:

(1) The initial effective date for application of these procedures.

(2) If the Class 2 municipality elects not to apply these procedures to all real properties as of the same future date, then the phase-in of these procedures over a period of time and the manner of determination of which real properties are subject in which sequence to these procedures.

(3) The explicit exclusion of owner-occupied properties from the application of the judicial in rem foreclosure procedures authorized in this article.

(4) The nature and extent of notices, support services, and referrals to be provided to the owners and occupants of owner-occupied properties.

(5) Any other matters the Class 2 municipality specifies to be addressed through administrative regulations and policies.

(c) The provisions of the Class 2 municipality ordinance and administrative regulations and policies issued pursuant thereto shall not be in conflict with Sections 11-40-66 through 11-40-69.

(d) Proceedings in accordance with this article are designed solely to enforce the municipal code lien for real property subject to the municipal code lien and shall not constitute an action for personal liability for the municipal code liens against the owner or owners of the real property.

(e) The rights and remedies set forth in this article are available solely to the governmental entities authorized by law to enforce municipal ordinances and shall not extend to any nongovernmental transferee of municipal code liens.

(f) A Class 2 municipality that has adopted the provisions of this article and that seeks to enforce a municipal code lien through the sale of real property shall utilize the judicial in rem proceedings of this article as the sole remedy for the enforcement through the sale of real property.

(g) The enforcement proceedings authorized by this article may be initiated only by the Class 2 municipality.

(Act 2017-304, §5.)

Last modified: May 3, 2021